ASPA under investigation by the Romanian National Anti-Corruption Directorate (DNA)

Below online translation of the Romanian press release:

National Anticorruption Directorate has ordered the prosecution of the Authority for the Supervision and Protection of Animals-ASPA on 02/07/2014 File number 424/P/2013, following the complaint made by the Association 'dog, puppy' animal protection organization, represented by Marcela Pisla president accused are:

One. Director General of the Authority for the Supervision and Protection of Animals-ASPA, Treeroiu Cristian Bogdan, based in Bucharest, Calea Calarasi. 179 sector 3, tel.02131295.55,

Two. Bancescu Razvan ASPA project coordinator, based in Bucharest, Calea Calarasi. 179 sector 3, tel.02131295.55,

Three. Alexander Miron, Bragadiru project coordinator, based in Bucharest, Calea Calarasi. 179 sector 3, tel.02131295.55.

ASPA is under investigation in case no. 11232/P/2013 for similar offenses, following criminal complaint filed by the Prosecutor our association sector declined in March and the DNA, which ordered the prosecution to 04.10.2013.

Re: is the commission of crimes of corruption and service provided and punishable under the Criminal Code:

I FEED

I noticed on the DNA information held under the supervision authorities and animal protection (ASPA), budgetary institution subordinated mayor of Bucharest, brought into being in December 2013 acquisition of food for shelter dogs from Bragadiru inmates using a Another CPV code than usual. City Hall has opened a new shelter for dogs with joint holders Bragadiru with the support of the National Administration of Penitentiaries.

According to the above-licitatie.ro statement attached to the file, ASPA acquired on December 6, 2013 'pet food' and in December 18, 2013, 12 days later, ASPA has purchased 12,000 kilograms of .... 'animal feed', ie food for guinea pigs and other rodents, pigs or cows, feed the, Under the law, for farm animals. Only accepted accounting code for pets (dogs, cats) is called 'pet food'. Using a different accounting code at the 'feed', was done with the obvious purpose of circumventing legislative acts under which procurement takes place, because I had to carry a bidding procedure.

By changing CPV code to purchase the same product basically two acquisitions were made directly, the total probably exceeds direct acquisition threshold. Change framing the food was made with the written approval of the mayor Sorin Oprescu. Company from which they purchased 12,000 kg 'feed' for dogs, worth £ 45,600 (about 10,000 euros), on 18/12/2013, called SC YOUR STUFF SRL and how progress was offline.

II. SITE database and server

I called investigative bodies to consider the following:

a) ASPA acquired through direct acquisition procedure, a server, a database and a website, each worth U.S. $ 100,000 each, were produced and paid at the end of 2013. Their purchase prices are huge, much more than their actual cost.

b) site server and the database are in working even now, although it is stipulated in the contract, which it is also a violation of the rules in force. Moreover, on 02/14/2014, ASPA received from DSV Giurgiu a fine of £ 5000 for the 'No proof remedy made public on the site. " Fine refers to the obligation to make the site ASPA all dogs captured and taken to shelters where they are because you want to take people to not have to go to all the shelters to look for them, but where they are taken strictly. In the absence of this site, at which everyone could access easy and convenient, citizens are forced to spend huge amounts of money and a lot of time and nerves sometimes absent from work to travel to the three shelters in Bucharest, Mihailesti and Pallady.

c) Furthermore, all three products were purchased from the same company, newly established, declared non-taxable. The problem is that at least one of the bills is fictitious, because the numbers add up in the first two bills placed the company in a position to pay VAT.

d) We believe the company has been specifically established for this acquisition and future acquisitions such. Besides, the invoice number ASPA is no. 1, 2, 3. Probably these firms are founded by people close to the three defendants, the money going ... 'family'.

e) The website and database were acquired on 11/13/2013, although Law 258/2013 clearly state since 9.26.2013 (!) as the database for dogs with a master's ANSVSA you do not ASPA.

Thus, Article 13 index 3, paragraph 4 states:

'Register of stray dogs is managed by the College of Veterinarians. "

The Law 258/2013 also specifies in Article II: "Upon the entry into force of this Act, any contrary provision be repealed. ' So and HCGMB no. 145/2013 is repealed. However, ASPA is bound HCGMB 145/2013 (passed in May May 2013 but abolished in September 2013) of Bucharest all dog owners to register dogs from ASPA in a database on a particular site . Only at the beginning of 2014 ASPA was ordered media not to register dogs with dogs in Bucharest, they must actually go veterinarians to register dogs! A special record kept of ASPA away dogs and dogs forced owners to come on Calea Calarasi at its headquarters, although the law does not allow, in order to justify the need for the site, database and server all purchased fraudulently November?

III. Dacia Duster.

On cars Dacia Duster irregularities noticed are:

a) ASPA bought 3 cars Dacia Duster type 'utility' type instead to purchase vehicles 'utility transport animals'. Although legislation ('Ordinance Boc "), the IMF agreement, allows only the purchase of vehicles for the transport of animals and prohibiting the purchase of cars for transportation management in the euro 3.3 million received in 2013, ASPA has spent 54,000 euros fraudulent acquisition of three cars Dacia Duster transport Treeroiu directors, Bancescu and Ancuta. Each Dacia Duster worth 18,000 euros each.

b) Factory Dacia factory not 'Dacia Duster cars vans to transport animals'. Does not even have a prototype 'van to transport animals'! ASPA management used a trick here, namely, that Dacia Duster purchased are recorded as 'vans' in the registration certificate. These cars Dacia Duster 'vans', equipped with two seats in the back are mostly used by courier companies to transport small packages. The cars are designed to carry workers accompanied by tools. But animal! If it was 'utility machines for animal transport', was written this in 'Registration Certificate'. However, this is not mentioned. I attach the certificate to the file, according to which Dacia Duster listed in category 'N1, van'. The car is not van has rear windows instead of plate, no ventilation (ventilation for animals) is not fitted with lattice partition between the cockpit and animals has no place for cages.

c) Directors do not have such cars. It is clear that directors are not going to catch and transport the dogs later, because it is not their job function. For this there are professionals. These cars were achitizionate fraudulent.

IV. PRIVATE pound.

The three companies involved are:

One. SC Elen Basic Bussines company with headquarters based in St. Aurel Botea no. 3, CUI 30,441,432, with the object of business consulting

Two. About Best Marketing Ltd based in Bucharest Blvd Burebista, no. 2, Bucharest, CUI 16,678,884, with the object of 'consulting business and management'

Three. About Terra Magique Ltd. located in Bucharest, str dam Sadului no. 7 A-7 B, sector 2, with the object of 'intermediation in the sale of furniture, household goods and ironmongery', CUI 17,606,614.

I asked layout verification in the following aspects:

a) a dog catching oversized Price: 219 lei. How it came to determining the value? We believe that the price is exaggerated and that do not reflect true costs. Most dogs are gentle and can be easily caught by hand. Even for those who are caught with nets, catching costs can not rise at a price so high. FOUR PAWS Foundation has publicly stated that this money can perform many more actions, namely, can 'catch, sterilize, postoperative stay and carry' the same dog. ASPA Probably no hidden financial interests public money ASPA budget is huge, ie 18.6 million. ASPA management found, asttfel a way to circumvent the face of public funds allocated for 2013 ASPA and the friends and relatives of direct their obvious purpose is to obtain financial benefits, both ASPA and 3 private companies. By catching the pound dogs get private money is easy! With four dogs caught (219 lei / dog caught) win company works as an honest man in a month. And in a few months can raise his villa! For our money, the taxpayers.

b) There are great questions and doubts on how did the non-public auction in August-September 2013 on the acquisition of private companies by the pound, organized at the ASPA, in Calea Calarasi. 179 sector 3. How were the contracts awarded by the three companies preferred by ASPA leadership? ASPA management has planned it megaafacere public money on private pound, taking advantage of the fact that the tender was non-public.

c) The three companies have become overnight winning the auction for private pound apparently had nothing related to animals before auction, with only 7 employees. By rendering-services contracts signed with ASPA probably 'wrinkle' enormous amounts of money into the pockets of ASPA management support private dog track, given that they carry out illegal activity inconsistent with the objects of said. We believe that in fact we are dealing with a 'misappropriation' under the Criminal Code. From our sources pound private companies had contracts with the ASPA at the word 'dog' in the subject activity. ASPA was allowed to contract with such firms that deal, according to the documents, the ... 'blacksmith' and 'housekeeping'? What experience has recommended for dogs got work?

d) Probably pound lead private firms is composed of close acquaintances ASPA management because the pound to pound the state for the movement on the last cars even before two months of winning the auction (June 2013), to 'learn' to catch dogs , according to our sources.

e) ASPA conducted in the month of December 2013 payments totaling 700,000 euros to veterinary practices and the pound private firms. This amount was properly attributed?

f) There are suspicions and on the number of dogs caught in real life. It 'flashy' pound that private firms declaring in most acts .... same number of dogs caught. Practice shows that it is impossible for them to catch the same number of dogs every day!

Compared to the above, we requested the investigation of the facts mentioned.

*** Decision DNA extracted from www.e-licitatie.ro, data sheet description of the Dacia Duster, a fine of £ 5,000 received by ASPA.

Source: http://www.agerpres.ro/comunicate/2014/03/22/comunicat-de-presa-asociatia-cutu-cutu-10-43-11

The investigation of Ionut Anghel's death has been finalized, the culprits are to be prosecuted.

Prosecutors from the Department of forensic investigations completed the investigation in the case know generically as "child killed by strays" and ordered the indictment of the Public Domain Administration Sector 2 Bucharest and SC TEI Residential SRL Bucharest for manslaughter, provided for and punishable under Article 178, paragraph 2 of the Penal Code of 1969, with the application of Article 5, paragraph 1 of the new Penal Code, reads a press release from the Prosecutor's Office, from the High Court Of Justice.

In the same case Constantin Ciorascu was also put on trial for manslaughter, punishable under article 192, paragraph 2, from the Penal code.

"There's a difference that exists in terms of legal classification of the offense of manslaughter incriminating legal persons and that of manslaughter incriminating natural persons. This is based on the sequence of criminal laws that intervened from the time the offense occurred until now. So, if the individual liability limits were kept by the new Penal Code (imprisonment from 2 to 7 years), the criminal liability of the legal person has seen a growth of the fine limits, under the provisions of the new Penal Code, prosecutors said.

In the case of Constantin Ciorascu, we used the individual liability from the new Penal Code and in terms of the legal person's liability we applied the exception that derives from the  principle of the most favorable criminal law enforcement.

Prosecutors show that in the indictment sent to the court, the Administration of the Public Domain, sector 2, Bucharest, has not taken adequate measures concerning boundary fencing or delimitation of the Tei park area from the vacant land in the immediate vicinity, which allowed the passing of Ionut Anghel and his brother into "a wild area and created the conditions for their unhindered entry on a private property, without fencing, guarded by seven dogs, whose attacks led to the death of the minor A.I.C.".

In the case of Tei Residential SRL Bucharest company and its manager, Constantin Ciorascu, it must be retained that "they did not provide the organizational framework to prevent the dog atack on the minor A.I.C, did not maintain the integrity of the fence for keeping the company dogs exclusively withing the fenced perimeter of the firm, and the obligations arising from the law relating to the ownership of dogs, including those dangerous or aggressive, circumstances that led to the death of the minor A.I.C."

The case was sent to the court of law in Sector 2, Bucharest. Ionut Anghel, four years old, died on September 2, 2013, after being attacked by dogs on a land near Tei Park.

Death was caused by external hemorrhage, with hundreds of wounds being found on it's body, said on the 3rd of September 2013, for Mediafax, the doctor who did the autopsy, Abdo Salem, from the National Institute of Forensic Medicine. The doctor stated that only the child's sole didn't have  any plagues, the rest of the body having hundreds of dog bites.

The case of Ionut Anghel's death was opened on the 3rd of September 2013, and a day after the investigation was taken over by the prosecutors from the supreme court, who have done the investigations regarding manslaughter.

The investigators have heard in this case, among others, the parents and the grandmother of Ionut Anghel, Razvan Bancescu, project coordinator at ASPA, Carmen Secareanu, president of the Kaleidoscope Association, Lavinia Mirela Nica, ex-volunteer of Kaleidoscope Association, Marcela Pisla, president of the "Cutu, cutu" Association, Constantin Ciorascu, the owner of the land where Ionut Anghel was killed by dogs and Octavian Sandu, the man who brought Ionut Anghel's brother to his grandmother, in Tei Park.

Six dogs were seized in September 2nd, 2013, from the firm's property on Tuzla street, near Tei park, where Ionut Anghel was killed by dogs. One of them, who had blood on his nose, was sterilized by ASPA and adopted by the Kaleidoscope Foundation in 2008, said Razvan Bancescu.

Policemen fined in september 2013, the SC Tei Residential SRL company, which manages the land where Ionut Anghel was killed by dogs. Representatives of the company were fined 2000 lei(aprox. 450 euros)  because they didn't have a security plan for the property, police sources told Mediafax.

Also, the man guarding the property was fined 300 lei (aprox. 65 euros) because he was not qualified to provide security services.

Images captured by camers in Tei Park on september 2nd 2013, before Ionut Anghel was found dead, aired on september 19th in the media. Ionut Anghel and his 6  year old brother were seen while playing and running on an alley in the park, their grandmother doesn't appear on the recording. At one point Ionut's brother is brought in the park by a man. This man goes with the child to a security guard, and after a few seconds the three men were seen headed to where the children's grandmother would have been.

After a few minutes, the man who brought the boy appears in the video while moving toward the park's exit. At around 11:30, Ionut was found killed by dogs on a private property near Tei park.

After the images where shown by the media, the investigating prosecutor ordered the seizing of the images captured by the security cameras in Tei park.

Prosecutors have questioned Octavian Sandu, as a witness, the man who took Ionut Anghel's brother to his grandmother in Tei park.

Octavian Sandu, said, on his way out from the Prosecutor's office, that on september 2nd 2013 he saw  Ionut's brother on the street and that he was scared. He took him and brought him to his grandmother in Tei park. He mentioned that he approached the boy after seeing he was crying, realizing that something wrong happened. He said he found out that there was another child that got lost when he brought Ionut's brother to his grandmother.

source: http://www.realitatea.net/cazul-ionu-ancheta-privind-decesul-lui-ionut-este-finalizata-dosarul-va-fi-trimis-in-instanta_1403961.html